Bankruptcy Reform: The Means Test (CRS Report for Congress)
| Release Date |
Revised May 9, 2005 |
| Report Number |
RS22058 |
| Report Type |
Report |
| Authors |
Mark Jickling, Government and Finance Division |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
The Bankruptcy Abuse Prevention and Consumer Protection Act - P. L. 109-8 (S.256) - was signed into law on April 20, 2005. A key provision of the new law subjectscertain petitions for debt relief under Chapter 7 to a means test. Bankruptcy petitionerswith relatively high incomes could be prevented from filing under Chapter 7 (wheremany unsecured debts are discharged, or wiped out, by the court) and instead given thechoice of converting to Chapter 13 (where some debt must be repaid out of futureincome) or having their petitions dismissed and receiving no bankruptcy relief at all.The means test takes into account the petitioner's income, debt burden, and variousallowable living expenses, which can vary significantly according to the debtor's placeof residence and particular circumstances. If income minus allowable living expensesexceeds certain levels, a Chapter 7 petition is presumed to be abusive. This report setsout the details of the means test calculation.
